Issued by CHESA and ISLA.
20 October 2017, Dar-es-salaam, Tanzania: On Tuesday, 17 October 2017, a legal consultation convened by Initiative for Strategic Litigation in Africa (ISLA) and Community Health Services and Advocacy (CHESA) was raided by the Tanzanian Police. The consultation was convened in order to get more instructions and evidence on a case that we plan to file before a court. The case concerns a challenge to government’s decision to limit the provision of certain health services that it had previously provided. Continue Reading
President dismiss Mduduzi Manana – The WLC requests President dismiss Mduduzi Manana, failing this, an urgent application will be launched before the courts.
Cape Town, Wednesday 16 August 2017; The Women’s Legal Centre (WLC,) in a letter sent today to the Presidency, has requested President Jacob Zuma to dismiss Deputy Minister of Higher Education and Training Mr Mduduzi Manana, who has admitted publicly to physically assaulting at least one woman at a nightclub in Fourways, Johannesburg, on 6 August 2017.
Mr Zuma, as head of the Executive, and President of the country, appointed Mr Manana as a Deputy Minister. He has the power to dismiss him in terms of section 93 of the Constitution.
Harnaker Matter: The Irony Of The Law In Regards To Muslim Marriages
On the 14 August 2017, Judge Le Grange of the Western Cape High Court heard an application which stemmed from an adverse administrative decision taken the Deeds Office in the exercise of its discretion conferred on it by the Deeds Registries Act 47 of 1937.
The brief facts of the matter are that the deceased left a Sharia Will which allocated different shares of his Estate to his children and spouses to whom he was married in terms of Islamic and Civil law.
Deputy Minister’s attack on women highlights why impunity must end.
Tuesday 08 August 2017; The Women’s Legal Centre (WLC) strongly condemns the actions of Deputy Minister of Higher Education and Training, Mduduzi Manana, for allegedly assaulting two women when he became angry during a presidential debate at a private club in Fourways at the weekend. The women were slapped in the face, resulting in a black eye and other bruising to their bodies.
The fact that Manana has come out against gender based violence (GBV) several times, makes his actions on Sunday even more deplorable.
Last year speaking about the proposed Rhodes University’s Sexual and GBV Dialogue, Manana said that “… we should be glad that these heinous acts are brought to the surface so that we can find ways to deal decisively with them”.
Parliament must dismiss Mr Mduduzi Manana as an MP, to send a clear message that violence against women will not be tolerated.
On 19 August Mr Mduduzi Manana resigned as Deputy Minister of Higher Education and Training. President Zuma accepted his resignation. This was after Mr Manana admitted publicly to physically assaulting at least one woman at a nightclub in Fourways, Johannesburg, on 6 August 2017. However, it is of concern that we note that Mr Manana has not resigned as a Member of Parliament, and has indicated that he will continue in this position.
The Women’s Legal Centre (WLC) is a non-profit law centre, which strives for the achievement of equality for women; and accordingly we view Mr Manana’s conduct in the most serious light.
Says Advocate Bronwyn Pithey from the WLC; “Simply put, his assault on a woman is a most telling indictment of his flagrant disregard for the constitutional values of South Africa, let alone the criminal nature of the conduct in question.”
#PoliceResources and how the case affects women
Article by Janie Booth
Khayelitsha has one of the highest rates of violence against women in the world. Assault, rape, and murder is a reality for many women. Women’s rights to safety, security, life, and health are violated daily.
The reason behind these problems is a lack of resources. The allocation of police human resources, especially in areas such as Khayelitsha, unfairly discriminates against black women living in informal settlements. This is because the system employed by the South African Police Service (SAPS) to determine how police officers are placed in areas is deeply flawed.
The Constitutional Court Reinforces Spatial Violence Created By South Africa’s Apartheid Past
The Constitutional Court ruling, in the Baron V Claytile matter, points to a disregard for poor people’s agency, therefore affirming the idea that choice is a luxury reserved for the wealthy. Instead of interpreting the law through pro-farmer, pro-poor, pro-human-rights lenses, the Court made the presumption that landowners may evict farm workers at their will, and that these farm workers may be legitimately relocated to unsatisfactory locations. Baron v Claytile reinforces the same dynamic created by forced eviction, where farm workers are unable to have control over their own lives, reminiscent of an apartheid reality that prevented black people from owning land in affluent, White areas.
By Seehaam Samaai, Director of the Women’s Legal Centre
The spatial organisation of the apartheid city was such that Blacks, at the periphery of the city had the least access to resources, whilst White people, at the centre of the city not only had access to the city’s resources, but also controlled them.
HOW STATE CAPTURE AFFECTS WOMEN
By Janie Booth and Victoria Wang
State capture refers to the efforts of the powerful elite to influence the government into operating in a way that benefits private interests. In South Africa, it is diverting money from social delivery programmes, which are supposed to promote human rights and social welfare, and into the hands of the power elite.
This affects the lives of every citizen, rich or poor. Half of the people in South Africa live in poverty, and this directly hurts the poor. Investing in human rights is important to ensure that all people have access to clean water, food, healthcare, education, and housing.
CHECKING THE NEWS EACH MORNING BRINGS A CONTINUOUS STREAM OF UPDATES ON STATE CAPTURE IN SOUTH AFRICA.
But do they talk at all about women?
By Janie Booth
State capture has an impact on all citizens of South Africa, but none more than black women. Women’s realities here are determined by race, class, and gender-based access to resources and opportunities. State capture is placing women’s rights at risk: rights like the right to adequate housing, food, healthcare, education, social security and water.
The government can–and should–be held accountable if they do not promote, protect, respect and fulfil these rights. They have a duty to meet the basic needs of all people, and must not do things that make it more difficult to gain access to these rights.